[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR391.65]



[Page 351-352]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 391_QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) 

DRIVER INSTRUCTORS--Table of Contents

 

                      Subpart G_Limited Exemptions

 

Sec. 391.65  Drivers furnished by other motor carriers.



    (a) A motor carrier may employ a driver who is not a regularly 

employed driver of that motor carrier without complying with the 

generally applicable driver qualification file requirements in this 

part, if--

    (1) The driver is regularly employed by another motor carrier; and

    (2) The motor carrier which regularly employs the driver certifies 

that the driver is fully qualified to drive a commercial motor vehicle 

in a written statement which--

    (i) Is signed and dated by an officer or authorized employee of the 

regularly employing carrier;

    (ii) Contains the driver's name and signature;

    (iii) Certifies that the driver has been regularly employed as 

defined in Sec. 390.5;

    (iv) Certifies that the driver is fully qualified to drive a 

commercial motor vehicle under the rules in part 391 of the Federal 

Motor Carrier Safety Regulations;

    (v) States the expiration date of the driver's medical examiner's 

certificate;

    (vi) Specifies an expiration date for the certificate, which shall 

be not longer than 2 years or, if earlier, the expiration date of the 

driver's current medical examiner's certificate; and

    (vii) After April 1, 1977, is substantially in accordance with the 

following form:



                                                        (Name of driver)

________________________________________________________________________

                                                                (SS No.)



                                                   (Signature of driver)



    I certify that the above named driver, as defined in Sec. 390.5 is 

regularly driving a commercial motor vehicle operated by the below named 

carrier and is fully qualified under part 391, Federal Motor Carrier 

Safety Regulations. His/her current medical examiner's certificate 

expires on -------- (Date)

This certificate expires:



      (Date not later than expiration date of medical certificate)



Issued on -------- (date)



                                          Issued by --------------------

                                                       (Name of carrier)



                                                               (Address)



                                                             (Signature)



                                                                 (Title)



    (b) A motor carrier that obtains a certificate in accordance with 

paragraph (a)(2) of this section shall:

    (1) Contact the motor carrier which certified the driver's 

qualifications under this section to verify the validity of the 

certificate. This contact may



[[Page 352]]



be made in person, by telephone, or by letter.

    (2) Retain a copy of that certificate in its files for three years.

    (c) A motor carrier which certifies a driver's qualifications under 

this section shall be responsible for the accuracy of the certificate. 

The certificate is no longer valid if the driver leaves the employment 

of the motor carrier which issued the certificate or is no longer 

qualified under the rules in this part.



[41 FR 36656, Aug. 31, 1976, as amended at 53 FR 18057, May 19, 1988; 60 

FR 38745, July 28, 1995; 63 FR 33278, June 18, 1998; 67 FR 61824, Oct. 

2, 2002]